UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/671479
MARK: STUDIO 35
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Walgreen Co.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
The assigned examining attorney has reviewed the statement of use filed on February 27, 2008 and has determined the following.
Refusal - Specimen of Temporary Nature
The originally submitted specimen is unacceptable because it appears to be temporary in nature. Specifically, the specimen consists of the art work for hang tags for clothing, but not the actual tags.
Therefore, applicant must submit a specimen of a more permanent nature. 37 C.F.R. §2.61(b); TMEP §904.03. In addition, applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use.” 37 C.F.R. §2.59; TMEP §904.05.
Pending a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce for the goods specified in the statement of use. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.56, 2.88; TMEP §§904, 904.07(a), 1109.09(b).
If submitting a substitute specimen requires amendment to the dates of use, applicant must verify the amended dates in an affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.71(c).
/rscb/
Robin S. Chosid-Brown, Esq.
Law Office 102
(571) 272-9252
robin.chosid-brown@uspto.gov
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.